HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (19)SAY
�p�plpr 31 2016
C) : P Aa
RICHT OF ENTRY
[2016 —,9020 W, FIM Street)
N-2018-091
The City of Santa Ane; a charter city and munlolpal,corporstion duly organized .and
existing under the Constitution and laws of the State of California,:does•hereby granfto
the Orange-County,Trsnspo-t-ation.Authority,('10 A") and its agents, contractors and
consultants the right to enter the properties located at 2016.2020 W, Fifth. Street, Santa
Ana, County of Orange, as shown In Exhibit A, attached hereto and incorporated herein
by reference ("Property'),' for the following purposes:
The right to enter the Property for the putposs(s) of secudrig and
maintaining the Property, conducting environmental analysis and testing,.
and subsequently thereto demolishing the structures and Improvements
on the property for the purpose of the construction iof the QC Santa Ana
Streetcar Project,
OQTA agrees to indemnity, defend, and hold harmless City, its officers, agents,
representatives, employees, and volunteers from and against any, and all actions, suits,
claims, demands, judgments, 'losses, expenses, or liabilities, injuries and :damages to
persons end property, Including. death, arising :out, of or rolated to QCTA'a use of the
Property or the entry by ony QCTA party on the Property, Including without limitation,
00,' 's guests, tnvitess, or contractors.
The City has no intent to concurrently occupy or use the Property with OCTA during the
tprrn of this right of entry permit. However, should the City concurrently occupy or use
the Property with OCTA during this time, the City agrees to Indemnify, defend, and hold
harmless dCTA, its offlcers; agents; representatives; employees; and Volunteers from
and against any and all actions; suits, claims, demands, judgments, losses, expenses,
or liabilities, injuries and damages to :persons end property, including death, arising put
of the City's sole negligence and/or willful misconduct.
OCTA shall maintain commercial general liability insurance which shall include; but not
be limited to, protection.against claims arising from bodily and personal In, including
death resulting therefrom and damage to property, resulting From any act or occurrence
arising out of their use .of the Property, including, without limitation; acts involving
vehicles, The amounts of insurance shall be not less than the following: single limit
coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $2,000,000 per occurrence and j$5,000,000 In
the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional Insured(s); (b) be primary and not
contributory with ,respect to insurance or self-insurance programs maintained by the
City; and (c) contain standard separation of insureds provisions.
The Insurance requirements of this Right of Entry may be satisfied by evidence of self=
Insurance as provided to City.
Page 1 of 2
t3t5A74.1
N-2018-091
The rights herein granted to OCTA are exclusive, and OCTA agrees not to assign,
transfer, lease, pledge, or otherwise dispose of this Right of Entry without the prior
express written approval of the City. This instrument conveys right of entry to existing
buildings, if any.
This Right of Entry shall expire on December 31, 2018, unless otherwise terminated
earlier or extended by written agreement between the parties.
THE CITY OF SANTA ANA
A charter city and municipal corporation duly
organized and existing under the Constitution
and to s of the State of California.
By: d
Raul Godinez 11
City Manager
Date: 5.2¢ • 20 0
,APPROVED AS TO FORM:
Jbhn'M. Funk dea'Lf�
Assistant City Attorney
ORANGE
02
Date:
APPROVE AS T,JaffiFA
es M. !) is , General Counsel
Woodruff, Spradlin, Smart
-�� Maria D. Huizar
Clerk of the Council
AUTHORITY, a public entity
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1315476.1
N-2018-091
ALL TYIAT CEE.TAIN RXAL PPOPF'RT`Y S1TUA`T13Y1 IN THE COUNTY OF ORANOB,
STATS OP CALIFORNIA, D138CRISIBI3 AS FOLLOWS:
PARCEL A:
TIM NORTH ONE-HALF OF LOT 17OF TRACT NO, 270, IN TAS CITE' OF SANTA ANA,
COUNTY OF ORANGE, STAT'A OF CALIFORNIA, AS SIIpWN ON A'MAP I2�+UC2fiY9ED
IN idO:OI l�, PAOE X18 OF MISCELLANEOUS MAPS, IN TII
UNTY.. E OFI�YCI" OP THY; COUNTY
"CORDBA OF SAID CO
PAROL I3:
LOT 18 OF THE S.OUTYi ONE-IIALF OP LOT 17 OF TRACTNO 270, IN THE CITY Of
SANTA ANA, COUNTY OP ORANGE, STATIx O CAI II?ORNYA, AS w�TIpYVN ON A MAP
-
IN IN bOOK 1 S, PAGE d8 O ? MISCELLANEOUS'ItJAPS, ITS THB OPFICE
THE COUNTY RECORPM OP SAII5 COUNTY;
AM 007=110.17
EXHISITA, PAGE I OF:2
N-2018-091
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EXHIBIT A, PAGE 2 OF 2